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May 27, 2009

Medical examiner testimony crucial in trooper case

Posted: 12:06 PM ET

CAPE MAY COURT HOUSE, New Jersey–Forensic pathologist Dr. Charles Siebert will be the final witness for the state in the Robert Higbee trial.

Defendant Robert Higbee in court on Wednesday

Siebert is currently the medical examiner for the southern region of New Jersey. He did not perform the autopsies on Christina and Jaqueline Becker, killed during a crash with Higbee's police cruiser, but he will read from the autopsy reports of Dr. Chase Blanchard. Dr Blanchard is currently with the medical examiner's office in Philadelphia, and due to her current caseload is unable to come here to testify.

Siebert testified this morning that the autopsy reports determined the cause of death of each victim to be attributed to "multiple blunt force injuries."  The manner of death, he said, was an accident.  The second element of the crime of vehicular homicide states the defendant must have caused the death of the victims.

The defense in this case has not conceded that Higbee caused the deaths of the girls, because at the time of the crash there were multiple impacts with a third vehicle. The prosecution, however, is expected to ask for a jury instruction which includes a "but for" test, which essentially asks the question, but for Higbee driving through the intersection that night at a high rate of speed, the collision and resulting deaths would not have occurred.

The jury was shown two especially graphic photos of the victims during Siebert's testimony. These photos were at the center of a pre-trial motion to suppress evidence by the defense, and after argument this morning, Judge Batten determined these photos are relevant to corroborate the testimony of other witnesses.

Stay tuned to In Session for gavel-to-gavel coverage of this case.

–Jean Casarez, In Session correspondent

Filed under: Uncategorized


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Craig S.   May 27th, 2009 12:21 pm ET

It does not matter what I or others think because we have no check and balance in Washington at this time. Sotomayor will be confirmed and will legislate from the bench, and it is those actions by our judges that is most upsetting.

Marilyn   May 27th, 2009 12:58 pm ET

"Vehicular Homicide" seems a misnomer or oxymoron. In a homicide the perpetrator does not risk their life. In an auto accident either party could walk away unharmed. The officer could have died.

Why no mention of defensive driving? We have a student driver behind the wheel without adult supervision, a passenger not wearing their seat belt and all the focus is on the officer's recklessness? Seems somewhat one sided to me.

Steve Taber   May 27th, 2009 1:32 pm ET

Is Higbee new to the area? hasn't he been through this intersection many times ? If he has, then he's guilty of manslaughter. The simple fact that he stated, he thought he stoped at the stop sign, tells you he's willing to blame the victims. Shame on him, the accident hadn't happened yet and he knows he blew the stop sign. GUILTY !

Kathy   May 27th, 2009 3:06 pm ET

Higbee obviously caused the collision but I don't believe he was responsible for the girls' death. "But for" the fact they were not wearing seatbelts they would likely have survived the collision.

donna   May 28th, 2009 9:14 am ET

"But for" the fact that the trooper blew through the stop sign, there would have been no accident...Hence, no deaths.

Jeanne   May 28th, 2009 12:29 pm ET

I don't even understand why I am paying for this rediculous trial. ACCIDENT, not intentional. Civil wrongful death, yes, criminal No Unfortunately, because of this trial, the whole country wil now try to sue criminally for every car ACCIDENT that occurs and results in a death

Dennis   May 28th, 2009 12:59 pm ET

This case belongs in a criminal court just like for any civilian accused of the same offense. There's not a two-tier justice system i.e. one for police and one for civilians and there shouldn't be. If he didn't see the stop sign, that's negligence. If he accelerated through a controlled intersection, that's negligence. If he operated an emergency vehicle without due regard for public safety, that's negligence (A speeding police car not utilizing lights and siren in not due regard for public safety.) Two people are unfortunately dead and that's negligence or vehicular homicide if he's convicted.

Craig   May 28th, 2009 1:39 pm ET

This case does not seem that complicated. The trooper is pursuing a speeder at a high rate of speed without his warning lights and siren on. This in itself is a reckless disregard for public safety and he should be held responsible.

Kathy D   May 28th, 2009 1:49 pm ET

In anwers to Marilyn. I agree with you. Don't forget the speeder who started the whole thing. The blame can't be on one person alone. It was a combination of events that led to that horrible accident.

josephine   May 28th, 2009 3:13 pm ET

for some reason I feel the Judge does not like either the defendant or the Lawyer of the defense. Is this just my impression. thnx jw

Shari   May 28th, 2009 3:39 pm ET

If a citizen had run a stop sign and killed two troopers well guess what folks that would be a death case. Just because this moron is a trooper doesn't mean he isn't guilty and should face the music.

ruben   May 28th, 2009 3:40 pm ET

I would like to know about the driver he was chasing, did he stop at the stop sign or did he go through it also did he know that he was being chased if he didnt he must also have stop at the stop sign, did the policemen call it in.

i just want to know what happened to him.

Shari   May 28th, 2009 3:56 pm ET

The professor from the state of Washington is such a blabber that he talks in circles and doesn't make any sense at all. The defense attorney hurts his client more than the evidence does.

Sonia   May 28th, 2009 4:16 pm ET

Excuse me but doesn't the SPEEDER have some responsibility in all of this? Why isn't he/she being charged with anything???

John   May 28th, 2009 11:47 pm ET

How can anyone look at this as just an accident? This cop is going between 65-80 mph through an intersection with out siren or lights. Even without a stop sign he should not be traveling that fast through the intersection. This is a cop with an attitude that he can do anything because he's the law. This kind of macho cop is more the norm today than the exception. When is a life ever worth catching a speeder? My sympathy goes to the family of the two girls. If this guy gets on the stand there is nothing he can say to justify the deaths of 2 innocent victims.

Cierra   May 29th, 2009 12:24 am ET

The safety of seatbelts is overrated. I had a rollover accident and was wearing my seatbelt at the time but during a roll, the seatbelt came loose. According to a police officer that I spoke with at the hospital, it is not uncommon for seatbelts to come unfastened during an accident. In fact, one of the news shows (Dateline or one of the others) did an investigative report on the actual performance of seatbelts and a man demonstrated how unreliable they are by simply bumping the side of a seatbelt buckle with a plastic video case and the seatbelt popped loose. For that reason, I suspect that both girls were wearing seatbelts, it is unlikely that the driver alone would have been the only one buckled in but it is likely that the impact dislodged the seatbelt of the passenger. I'm tired of hearing victims being blamed for their own deaths due to what was likely a seatbelt failure.

Tom   May 29th, 2009 10:49 am ET

Craig, I can't make any connection between your comments about the nomination of Sotomayor to the Supreme Court and the accident case against Robert Higbee, where your comment is posted.

Dave Green   May 29th, 2009 6:20 pm ET

The speeder and the girls seatbelts are 100% irrelevant. This is a dimly lit road at night, the officer did not look. The girls headlight switch has been verified by testimony to be on. I have lived and worked in rural environments. You can see even the reflection of headlights from a mile away. If you look. Not looking is criminal negligence.

Stacey   May 29th, 2009 11:30 pm ET

The fact that "we" as taxpayers are paying for this trial is ridiculous! It is what is it.....a tragic accident. These officers that protect and serve us every day are subject to split decisions with sometimes horrible consequences and I wonder if you people that think he is so "guilty" could hold yourselves to the same standards? I am very sorry for the loss of these two girls but even though they are the victims...some of the blame has to be placed on them as well. What if it had been the "permitted" (not licensed) driver that had run the stop sign and killed the trooper? I think the judge is totally biased towards the prosecution and I pray for both families because this is a no win situation..

May   June 1st, 2009 12:37 pm ET

The speeder testified that after he saw the trooper car turn around he slowed down to the speed limit, saw the stop sign and stopped, then proceeded to go through. I'm not sure what, if any, punishment he got but it wasn't his fault the accident occurred. Higbee couldn't put his lights and siren on because he wasn't close enough to the car and many people testified that it's the policy to close the distance first.

I believe he should get something but not 20 years because he isn't the only variable in this tragedy! The jury doesn't know he'd get 20 years so they may find him responsible. What is with everyone's hatred of police anyway? I don't think he's getting ANY special treatment! The only difference is that he is a cop and because of that the accident is that much worse (police are supposed to protect us not be possibly negligent)!! Everyone needs to step back and take their bias out of this case to get a real handle on what this is about and what the outcome should be.

Dave Green   June 1st, 2009 1:44 pm ET

This is not about variables or bias. I believe most of us like our police officers. Not relevant. This is simply a matter of following the evidence. He clearly did not look in the direction of the van with it's headlights on, on a dimly lit road at night. Criminal negligence.

Charles Broks   June 4th, 2009 12:16 pm ET

Defese attorney did a GEAT JOB!! Higbee is NOT GYILTY!!! Prosecuton should be ashamed to have even charged Higbee!!

Charles Broks   June 4th, 2009 12:21 pm ET

No one in their right mind would run a stop sign on purpose!! Not to allow the jury to know about the change of the intersection is CRIMINAL!! Higbee is NOT GUILTY of anything except having a bad thing happen to a good person!!!

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